R RAGA NAVYA Vs. HINDUSTAN PETROLEUM CORPORATION LTD

JUDGEMENT

(1.) THE brief facts as set out in the complaint are that late Smt. R. Lakshmi is the mother of first and second complainants and wife of third complainant. The complainants submit that they are consumers of Hindustan Petroleum Corporation Limited having domestic gas connection bearing No. V. 22959 and the gas cylinders were regularly supplied to the complainant s house by their agent i.e. opposite party No. 3 who was under the control and supervision of opposite parties 1 and 2. On 8.2.2002 late Smt. R. Lakshmi was cooking food for her family and found the existing cylinder empty and at around 11.00 a.m. she changed it with a new sealed cylinder which was supplied by opposite party No. 3 on 3.1.2002. After installing the new cylinder supplied by the agent, she started cooking around 11.45 a.m. and after some time due to failure of the washer i.e. O ring in the cylinder neck, slowly gas leaked out and accumulated under the platform of the gas stove and around 12.00 a.m. suddenly fire broke out and caught to her saree and she sustained burnt injuries on abdomen, chest, neck, both palms and both legs and she was admitted in Yashoda Super Specialty Hospital and underwent treatment in I.C.U for 10 days and died on 17.2.2002 after fighting for her life. The complainants spent more than Rs.1,00,000 in Yashoda Hospital for her treatment and submitted that it is only due to washer failure in the neck of the cylinder i.e. O ring that the accident happened. This was brought to the notice of opposite party No. 3 after the accident on 8.2.2002 immediately and the agent rushed to the complainant s house and took back the defective cylinder which was leaking and exchanged it with a new filled cylinder on the same day. Opposite party No. 3 did not deny this in his reply dated 27.8.2002 that they have not taken back the defective cylinder which was leaking and replaced it with a new cylinder. The officials of opposite parties 1 and 2 also visited the complainants house and Crime No. 89/2002 was registered. The complainants submit that they have issued a legal notice on 18.7.2002 demanding Rs. 20,00,000 towards compensation. Opposite parties 1 and 2 gave a reply dated 11.10.2002 denying their liability and fastened the liability on opposite party No. 3. Opposite parties 1 and 2 replied that L.P.G. cylinders are supplied to the customers on principle to principle basis and the dealer has to indemnify the Corporation from all liabilities resulting from the sale of cylinders. They further advised the complainants to approach the concerned Insurance Company through the dealer to get compensation. Opposite party No. 3 gave an evasive reply to their legal notice. The complainants history card reveals that opposite party No. 3 replaced the defective cylinder on 8.2.2002. The complainants further submit that late R. Lakshmi was an educated woman and Director of Sree Rama Pharma Chemicals (P) Ltd., earning more than Rs. 2,50,000 a year and she died at a young age of 35 years depriving the children of their mother and complainant No. 3 of his wife and therefore they seek compensation of Rs. 20,00,000 from the opposite parties under the following heads : (a) For medical treatment and transportation Rs. 1,00,000 (b) Loss of Expectation of life Rs. 25,000 (c) Pain and suffering under - gone by the deceased Smt. R. Lakshmi Rs. 25,000 (d) Loss of consortium Rs. 25,000 (e) Loss of love and affection to children Rs. 25,000 (f) Loss of future income of the deceased Smt. R. Lakshmi and Contribution towards her family Rs. 18,00,000 Total damages/compensation Rs. 20,00,000

(2.) OPPOSITE parties 1 and 2 filed their counter stating that as per the dealership agreement and guidelines issued by Government of India and rules and regulations of the Corporation, L.P.G. distributor is not the agent of the Corporation. They deny that opposite party No. 3 is under their control and supervision and that he is an agent of their company. They contend that they have taken all necessary care and precautions before filling the cylinders with state of art technology and the entire process has inbuilt checks, counter -checks and cross -checks for quality and safety. The highly mechanized process of filling the L.P.G. cylinders is done in the plant where all necessary precautions are duly taken. As additional precaution, the distributors and their staff are instructed to ensure the quality prior to delivery to the customers. They further deny for lack of knowledge that late Smt. Lakshmi was cooking food for her family and at 11.00 a.m. she got the cylinder changed and at 11.45 a.m. the accident happened on account of the defective cylinder. They contend that after the accident cylinder valve and O ring were found in good condition without any signs of burns. The burning of the rubber tube at the stove end indicates possible leakage from the rubber tube due to minor cracks. The leakage of gas is from the improperly fitted regulator and cracked rubber tube had no chance of escape since all the windows were closed. The damaged regulator and tube were immediately replaced and the installation was checked by the dealer. Opposite parties 1 and 2 also deny that Smt. Lakshmi was a Director of Sree Ram Pharmacy Chemicals Pvt. Ltd., and was drawing Rs. 2,50,000 a year and was an income tax assessee for want of knowledge. They also deny for want of knowledge that the complainant appointed a cook for Rs. 3,000 salary and that he has incurred all the medical expenses. They rely on a clause in the dealership agreement which is as follows : "The Dealer shall comply with all laws, bye -laws, rules and regulations and requisitions of the Central or Local Government or of the Municipality or other authority in respect of storage of goods and articles mentioned in Clause 4 hereof, and shall obtain at its expense all licences or permits necessary for the erection, storage or use of storage accommodation and shall comply with the terms and conditions thereof. The dealer shall be responsible for all the consequences of any breach of the provisions of this clause and shall indemnify and at all times keep the company indemnified against any claims and demands by any third party or by Central or Local Government or Municipality or local authority in respect thereof." The dealer shall make its own arrangements for the transport of full cylinders from its premises to the consumers premises and also for the return of the empty cylinders from the consumer s premises to the dealer s premises. The dealer shall be responsible for the prompt return of all empty cylinders to the company and further be liable to the company for any loss or damage arising out of any act of negligence either on its part or on the part of its employees or servants. The dealer shall comply with the laws, bye -laws, rules, regulations and requisitions of Central or Local Government or of the Municipal or local authority with regard to such transport over and above any instructions or directions which the company from time -to -time give in the respect". They further contend that the Corporation has no liability in respect of damage caused to the person or property of the consumer and rely on the following terms : All necessary installation work including the connection/disconnection of cylinder to/from the appliances and/or pressure regulators and the work of repairs to appliances and the replacement of rubber tubing will be carried out at the Consumer s expense and on his own responsibility by the Dealer and not on behalf of the Corporation. The fact that the consumer supplied "HP Gas" shall not be deemed to impose any liability on the Corporation with regard to the fitness or otherwise of the installation and/or repair work. The Corporation and/or the Dealer and/or the persons authorised by either of them shall, however, have the right to inspect the installation at any time and, if considered necessary for reasons of safety, to refuse to supply the gas to the consumer. The Corporation shall not be liable for any loss or damage caused to any person or property as a result of the installation and/or the use of the gas by the consumer. In the event of any accident involving the consumer s installation, he shall forthwith inform the Dealer". Hence they submit that there is no deficiency of service on their behalf and seek dismissal of the complaint with costs.

(3.) OPPOSITE party No. 3 filed a counter and submitted that there is no deficiency of service on their behalf and that he is only a dealer of opposite parties 1 and 2 and distributes gas cylinders received by him from opposite parties 1 and 2 and that he is not involved in any kind of manufacturing or filling the cylinders or packing or sealing the cylinders. He only distributes the cylinders as per the requirements of the consumers. He admits that the complainants are having gas connection V -22959 but denies that a defective cylinder was supplied on 3.1.2002. The said cylinder which was supplied on 3.1.2002 was used till 8.2.2002 without any leakage and the complainant could not have used it for almost a month without complaint if the cylinder was defective. He denies that it was the failure of washer which has caused the gas leakage. After the accident, it was observed that the O ring was in good condition and even if the O ring was damaged, it was either due to the fire or mis -handling or by hammering to remove the regulator from the cylinder valve. The said cylinder was replaced on 8.2.2002 and even then there was no complaint about the leakage or defective cylinder. Even in crime No. 80/2002, the Sub -Inspector of Police gave a final report stating that the death occurred due to accidental burns but did not cast any liability on the opposite parties. He denies for want of knowledge the occupation of the deceased and also the expenses incurred by the complainants herein and submits that he is only a dealer and he has no role in the manufacturing of cylinders.